Custody in Michigan

An introduction to custody

There are two types of custody. Legal custody, which describes how parents shall share decision-making authority MCL 722.27a and Physical custody describes physical care and supervision of a child. MCL 722.1102(n).

Michigan Parenting Time

Michigan Parenting Time Guidelines

In Michigan, the parenting time statute provides that parenting time shall be granted in the best interest of the child. The State Court Administrative Office publishes the guidelines for parenting time which is directed to help Friend of the court’s around the State. Each county also has their own guidelines. We help you understand what you need to know.

Custody in Michigan

Michigan custody laws – the videos

Michigan child custody law can be complex but don’t worry. We make it easy to help you understand this area of the law with the Michigan Divorce Education Series of videos on custody.

Child Custody

Changing custody

A trial court can enter and order changing custody, however, before a court may consider modification, the party requesting the change must demonstrate proper cause or a change of circumstances since the entry of the last custody order.

Custody in Michigan
Established custodial environment

Is there an established custodial environment?

A determination of an established custodial environment is important because a court cannot enter an order for child custody (or modify an existing order) without first determining if an established custodial environment exists and the trial court must make clear findings on this issue before deciding custody.

Best Interest Factor

The most important best interest of the child factor.

The willingness and ability of each of the parties to encourage a continuing parent-child relationship with the other parent is the most important best interest of the child factor.

Custody in Michigan

Understanding Michigan custody law.

Michigan Custody Law can be broken down into three steps. First, (in modification cases), you must address proper cause or change of circumstances. Second, you must address an established custodial environment. Third, you must address the best interest of the child factors.

best interest of child factors

What is really in your child’s best interest?

You learn some big words in law school.  Take for example the law school phrase, res ipsa loquitur, which is a legal principle that an occurrence of an accident implies negligence or escheat, which involves the forfeiture of property. While the phrase best interest of a child seems simple enough, applying the concept of what is[…]

Can a child choose

Every other weekend parenting time not enough? – The case of Medford v. Verkade

In the recent case of Medford v. Verkade, the trial court entered an opinion and order awarding full legal and primary physical custody of the parties’ minor child to the father (Mr. Medford). The trial court also awarded limited parenting time to the mother. Specifically, every other weekend, three nonconsecutive weeks per year, and certain holidays.[…]

Best interest of the child

Best interest of the child – The case of a stripper and the National Guard.

With a population of 21,000 people, Marquette Michigan may be considered a small town, however for the parties in Lessard v. Londo, Michigan Court of Appeals Docket No. 336156, the small town was home to a big problem involving the best interest of the child, age 16 months. Mr. Lessard met Ms. Londo on the[…]

Child custody laws in Michigan

Everything there is to know about Michigan Child Custody Laws.

On of the most prolific family law topics relates to child custody and in this article, we will cover more Michigan Child Custody Laws than anyone.  Everything from the basics, to the complex.  In this post we will review everything we have published on the topic of Michigan Child Custody Laws. Michigan child custody resource[…]

Burden of proof divorce

The burden of child custody – burden of proof case law

When fighting for custody in a Michigan divorce or custody case you have an obligation to prove your claims with evidence.  This obligation is called the burden of proof. The different Michigan child custody burden of proofs are: Clear and convincing evidence which requires evidence that the claim is very highly probable; and Preponderance of[…]

Best interest of the child factor (i) – “I want to live with . . .”

Best interest of the child factor (i)  –  “I want to live with . . .” Best interest of the child factor (i) examines if it is ever appropriate for a child to decide who to live with?   Frankly, the short answer is no.  A child is not a parent.  A child is a child and[…]

Best Interest Factors

Custody in Michigan – Best interest of the child factor (h)

Custody in Michigan – Best interest of the child factor (h) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (h).  Best interest of the child factor (h) addresses the home school and community record of the child. Not every child is the perfect[…]

Best interest of the child factor (g) – The parties health

Custody in Michigan – Best interest of the child factor (g)  Best Interest of the child factor (g) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (g).  Best interest of the child factor (g) addresses the mental and physical health of the parties[…]

Custody in Michigan – Best interest of the child factor (e)

Custody in Michigan – Best interest of the child factor (e) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (e). Best interest of the child factor (e) examines the permanence, as a family unit of the proposed custodial home or homes.  Best interest[…]

Custody in Michigan – Best interest of the child factor (d)

Custody in Michigan – Best interest of the child factor (d) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (d).  Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and[…]

Custody in Michigan – Best interest of the child factor (c)

Custody in Michigan – Best interest of the child factor (c) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (c) is .  Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child[…]

Custody in Michigan – Best interest of the child factor (b)

Custody in Michigan – Best interest of the child factor (b) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (b).  Best interest of the child factor (b) examines the capacity and disposition of the parties involved to[…]

Best Interest Factors

Custody in Michigan – Best interest of the child factor (a)

Custody in Michigan – Best interest of the child factor (a) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (a).  Best interest of the child factor (a) examines the love, affection and other emotional ties existing between[…]

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